SCHEDULES
SCHEDULE 6F2 Procedures as to Calling-up and Default
X1C1F1FORM BB NOTICE TO OCCUPIER
Sch. 6: Forms A-BB were substituted (30.9.2010) by The Home Owner and Debtor Protection (Scotland) Act 2010 (Consequential Provisions) Order 2010 (S.S.I. 2010/318), art. 2, Sch. Pt. 1 para. 2; from that date, Forms B and BB are represented as a single 'image' viewable by accessing Form B.
Sch. Form BB inserted (3.12.2001) by 2001 asp 11, s. 4, Sch. Pt. 1 para. 4 (with s. 5); S.S.I. 2001/418, art. 2 (with transitional provision in art. 3)
Sch. 6 Form BB: power to amend conferred (3.12.2001) by 2001 asp 11, s. 4(7)(b) (with s. 5); S.S.I. 2001/418, art. 2 (with transitional provision in art. 3)
To the Occupier (address)
A Notice of Calling-up of a standard security/ Default under a standard security (delete as appropriate) has been served by C.D. on A.B. in relation to (address of subjects). A copy of the notice is attached.
If you are a tenant of A.B., in certain circumstances C.D. cannot take possession of the property without a court order. You should obtain legal advice about your rights as a tenant. You may be eligible for legal aid depending on your circumstances, and you can get information about legal aid from a solicitor. You may also be able to get advice from any Citizens Advice Bureau or from other advice agencies.
If you are the spouse or partner of A.B., the Mortgage Rights (Scotland) Act 2001 gives you the right in certain circumstances to apply to the court to suspend the rights of C.D. You have two months (which may be shortened only with your consent) to make an application. The court will have regard in particular to—
(for a Notice of Calling-up) the circumstances giving rise to the service of the Notice of Calling-up, your ability to comply with the notice, any action taken by C.D. to assist the debtor in the standard security to fulfil the obligations under it and the ability of you and anyone else residing at the property to find reasonable alternative accommodation.
(for a Notice of Default) the nature of and reasons for the default, your ability to fulfil the obligations under the standard security, any action taken by C.D. to assist the debtor in the standard security to fulfil those obligations and the ability of you and anyone else residing at the property to find reasonable alternative accommodation.
(delete as appropriate)
If you wish to make such an application, you should consult a solicitor. You may be eligible for legal aid depending on your circumstances, and you can get information about legal aid from a solicitor. You may also be able to get advice, including advice about how to manage debt, from any Citizens Advice Bureau or from other advice agencies.
Dated
(Signature of C.D., or signature and designation of C.D.’s agent followed by the words Agent of C.D.)
Sch. 6: in each of forms A and B, the words “registered in the Land Register of Scotland on … over title number … (or recorded in the Register for … on …)” are substituted (8.12.2014) for the words “recorded in the register for … on …” by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(24) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2